The plaintiff filed a suit for injunction regarding trade mark and copyright infringement under the Trade Marks and Copyright Acts. The court dismissed the suit for non-prosecution as the plaintiff could not be contacted.
Suit dismissed for non-prosecution; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S.No.144 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.144 of 1999
M/s.6 Number Scented Tobacco Co.,
also trading as Aaram Number & Co.,
160, Byepass Road, Darapuram – 638 656. ...Plaintiff Vs. M.Durai Raj, trading as Sri Pasu Mark – 116 No., Scented Tobacco Company, No.7, Vengettipalayam, Ellis Nagr P.O. Dharapuram. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., r/w. Order IV Rule 1 of the Original Side rules and Sections 105 & 106 of the Trade & Merchandise Marks Act, 1958 and under Sections 55 & 62 of the Copyright Act, 1957, praying as follows:-
a) granting a permanent injunction restraining the defendants abovenamed by themselves, their servants, agents or anyone claiming through them from in any manner infringing the Plaintiffs' registered trade mark labels, both yellow and white, “6 Number” with a peculiar colour scheme and get up by using the offending trade mark labels, both yellow and white, “116 Number” with an identical colour scheme and get up in respect of scented tobacco or any other mark or marks which are deceptively similar
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to or identical to the plaintiffs' registered trade mark labels, both yellow and white, “6 Number”;
b) granting a permanent injunction restraining the defendants abovenamed by themselves, their servants, agents or anyone claiming through them from in any manner infringing the plaintiffs' registered copyright over the artistic works, both yellow and white, “6 Number” with a peculiar colour scheme and get up by using the offending artistic work labels, both yellow and white, “116 Number” with an identical colour scheme and get up in respect of scented tobacco or any other work or works which are deceptively similar to or identical to the plaintiffs' registered artistic work labels, both yellow and white, “6 Number”;
c) granting a permanent injunction restraining the Defendants abovenamed, their servants, agents or anyone claiming through them from in any manner passing off of their scented tobacco bearing the offending artistic works and trade mark label "116 Number", both yellow and white, with an identical colour scheme and get up as and for the Plaintiffs' well established scented tobacco sold under the copyrighted artistic works registered trade mark labels "6 Number" both yellow and white, either by selling or offering for sale or in any manner advertising the same;
d) directing the Defendants herein to surrender to the plaintiffs the entire stock of unused offending labels bearing the offending trade mark and the artistic work "116 Number" together with identical colour scheme and get up along with the blocks and dyes for destruction;
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e) directing the defendants to render a true and faithful account of the profits earned by the Defendants through the sale of scented tobacco sold under the offending trade mark labels, both yellow and white, "116 Number" and directing payment of such profits to the Plaintiffs for the passing off committed by the Defendants;
f) directing the Defendants to pay the costs of the suit.
For Plaintiff : Mr.S.Rajesh Ramanathan
For Defendant : Mr.R.Asokan
J U D G M E N T
Mr.S.Rajesh Ramanathan, learned counsel appearing for the
plaintiff would submit that his all efforts to contact the plaintiff have failed.
The suit is of the year 1999. Since the learned counsel expresses his inability to contact the plaintiff, this suit is dismissed for non-prosecution. No costs.
06.10.2021
kkn Internet:Yes/No Index:Yes/No Speaking / Non-Speaking
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List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
06.10.2021
kkn
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R.SUBRAMANIAN, J.
KKN
C.S.No.144 of 1999
06.10.2021
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1 issue framed by the court
Whether a suit regarding trade mark infringement and passing off proceeded with when the plaintiff could not be contacted.
3 provisions across 3 enactments
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
